HOUSE OF REPRESENTATIVES

H.B. NO.

782

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the department of business, economic development, and tourism provides services and programs that promote economic development.  Thus, the legislature finds that the continued operation of the department is imperative for the recovery of the economy of the State.

     The legislature also finds that fees for business- and commerce-related permits and authorizations have a nexus to the business climate and economic performance of the State.  The legislature believes that the success of the department of business, economic development, and tourism in promoting the economy should result in the increase of the business activities of most fee payers.  Consequently, the legislature finds that imposing a surcharge upon certain business- and commerce-related permit fees to fund the department of business, economic development, and tourism is appropriate.
     The purpose of this Act is to:

     (1)  Establish the department of business, economic development, and tourism operation special fund for the operation of the department of business, economic development, and tourism; and

     (2)  Impose a surcharge on certain business- and commerce-related fees and require the surcharge revenues to be deposited into the special fund.

     SECTION 2.  Chapter 92, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§92‑    Surcharge upon fees for certain business- and commerce-related services by certain departments.  (a)  Beginning July 1, 2011, and ending on June 30, 2015, there shall be added a surcharge of $20 upon every fee charged by:

     (1)  The department of commerce and consumer affairs for the:

         (A)  Application, issuance, renewal, or reissuance of a license, permit, or other authorization for a profession, business, or occupation;

         (B)  Examination or audit of a person engaged in a profession, business, or occupation;

         (C)  Filing, registration, or renewal of a corporate or other business document;

         (D)  Application for or registration of a trade name, trademark, or service mark; or

         (E)  Tax on insurance premiums;

     (2)  The public utilities commission pertaining to the regulation of a public utility or the filing of any document; provided that this paragraph shall not apply to a telecommunications carrier that is the carrier of last resort;

     (3)  The department of labor and industrial relations pertaining to the regulation of a hoisting machine operator, blaster or pyrotechnics operator, safety and health professional, boiler installer or installation, and elevator mechanic or installation; and

     (4)  The department of taxation for the application, issuance, renewal, or reissuance of a license, permit, certificate, or other authorization required under the following taxes:

          (A)  General excise;

          (B)  Transient accommodations;

          (C)  Rental motor vehicle and tour vehicle;

          (D)  Liquor;

          (E)  Cigarette and tobacco;

          (F)  Liquid fuel;

          (G)  Public service company; and

          (H)  Bank and financial corporation.

     For the purpose of this section, "fee" means a monetary amount charged by a department for a service specified in this subsection, no matter the nomenclature used to describe the amount charged.

     (b)  Each department or agency subject to subsection (a) shall impose and collect the appropriate surcharge and transmit the surcharge revenues to the director of finance for deposit into the department of business, economic development, and tourism operation special fund established under section 201‑  .  The director of finance shall establish the deadlines by which the departments shall transmit the surcharge revenues to the director.

     (c)  No surcharge shall be added to the following:

     (1)  Any service for which no fee is charged;

     (2)  Any fine for a violation of a state law;

     (3)  Any fee for the dissemination or copying of a public record; or

     (4)  Any fee charged to a state, county, or federal agency."

     SECTION 3.  Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§201‑    Department of business, economic development, and tourism operation special fund.  (a)  Beginning July 1, 2011, and ending on June 30, 2015, there is established, within the treasury of the State, the department of business, economic development, and tourism operation special fund.

     (b)  Moneys required to be deposited into the special fund under section 92-    shall be deposited by the director of finance.

     Any interest earned on moneys in the special fund shall be a realization of the general fund.

     (c)  Moneys in the special fund shall be expended for the operations of the department, including the salary and fringe benefit costs of department personnel.

     (d)  If, on June 30, 2015, there are unexpended and unencumbered moneys remaining in the special fund, the director of finance shall transfer those moneys to the general fund on July 1, 2015."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.



 

Report Title:

DBEDT; Operation Special Fund

 

Description:

Establishes the department of business, economic development, and tourism operation special fund to support operations.  Imposes a temporary surcharge on certain fees charged by certain departments for deposit into the fund.  Effective July 1, 2050.  (SD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.